- 49 - (eThekwini Municipality
Council Decisions - 2017-02-23)
KRR(2017-02-23)(SAM)[CHALL-140885] 2017-02-27
COUNCIL DECISION CIRCULAR : MEETING HELD ON 2017-02-23
TO ALL DEPUTY CITY MANAGERS AND HEADS:
Attached please find decisions adopted by the Council at its meeting held on 2017-02-23.
Deputy City Managers and Heads are kindly requested to facilitate implementation of the decisions impacting their Clusters and Units within the applicable timeframes.
Kindly note that the word "ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and is ready for implementation. Other relevant status will be reflected at the end of the recommendation to indicate the position taken by Council on a particular item.
Should further information be required on any item on the Council agenda, kindly contact
Vishnu Ramsunder on Telephone No. (031) 311-2371 or through email.
1. FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2017-02-14
1.1 REPORT OF SECURITY AND EMERGENCY SERVICES COMMITTEE: MEETING HELD ON 2017-02-02
(Page R1)
1.1.1 Major Hazard Installation : Aveng Infraset (Pty) Ltd, Queen Nandi Drive, Effingham, Durban, KwaZulu-Natal (29/1/2/5):
(Page 151 : Security and Emergency Services Committee - Agenda 2017-02-02)
The Committee noted the Major Hazard Installation Risk Assessment Report on behalf of Aveng Infraset (Pty) Ltd, which was being submitted to eThekwini Municipality in accordance with the provisions of the Major Hazard Installation regulations framed under the Occupational Health and Safety Act 85 of 1993.
It was further noted that the report thereon had been considered by the Municipality's Technical Task Team on Major Hazard Installations which had resulted in no reason being offered to advise against its acceptance and operation of the company in accordance with the provisions of the assessment.
Being in concurrence
COMMITTEE RECOMMENDS:
That the conclusion of the Major Hazard Installation (MHI) Technical Task Team, that there is no valid reason to advise against the proposed Major Installation of Aveng Infraset (Pty) Ltd, Queen Nandi Drive, Effingham, Durban, KwaZulu-Natal, beapproved as the operation of the Company will not exceed acceptable levels of risk in accordance with the provisions of the Major Hazard Installation Regulations framed under the Occupational Health and Safety Act 85 of 1993.
ADOPTED.
1.1.2 Major Hazard Installation : Umngeni Water, Off Seadoone Road, Amanzimtoti, KwaZulu-Natal (29/1/2/5):
(Page 153 : Security and Emergency Services Committee - Agenda 2017-02-02)
The Committee noted a 5 year review of the Major Hazard Installation risk assessment report submitted to the Municipality on behalf of Umngeni Water in accordance with the provisions of the Major Hazard Installation regulations framed under the Occupational Health and Safety Act 85 of 1993.
It was thereafter advised that the report thereon had been considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance and continued operation of the company in accordance with the provisions of the assessment.
As the Committee was in concurrence with the recommendations contained therein,
COMMITTEE RECOMMENDS:
That the conclusion of the Major Hazard Installation (MHI) Technical Task Team, that there is no valid reason to advise against the continuous operation of existing Major Hazard Installation: Umngeni Water, Off Seadoone Road, Amanzimtoti, KwaZuluNatal, be approved as the operation of the Company will not exceed acceptable levels of risk in accordance with the provisions of the Major Hazard Installation regulations framed under the Occupational Health and Safety Act 85 of 1993.
ADOPTED.
1.1.3 Tariffs 2017/2018 (7/6/1/3):
(Page 160 : Security and Emergency Services Committee - Agenda 2017-02-02)
COMMITTEE RECOMMENDS:
1.1.3.1 That all “Present Tariffs”, as reflected in Annexure A, (Tariffs 2017/2018), attached to the report by the Head : Metro Police dated 2016-11-12, as imposed by the Municipality, be hereby rescinded with effect from 20170701.
1.1.3.2 That, subject to the adoption of .1 above, the ‘Proposed Tariffs including vat’ as set out in Annexure A, (Tariffs 2017/2018), as attached to the report by the Head : Metro Police dated 2016-11-12, be adopted with effect from 20170701.
1.1.3.3 That the Acting City Manager be required:-
(a) To display a copy of this resolution and the said tariff of charges conspicuously:-
(i) on the City Hall notice board; and
(ii) at such other places within the Municipality as the City Manager may determine;
(b) To publish in the Metro Ezasegagasini in the following form:-
ETHEKWINI MUNICIPALITY
Notice is hereby given that:-
a) Resolution of the kind contemplated in Section 75A(2) of the Local Government : Municipal Systems Act, 2000 (Act 32 of 2000) was passed by the Municipal Council on ______.
b) Copy of the said resolution and the annexed tariff of charges is available for inspection at:-
(i) City Hall, Dr Pixley KaSeme Street, Durban
(ii) ______, etc
c) The effective date for the implementation of the said tariff of charges is 201707-01.
d) To seek to convey the information referred to in the said notice to the public on East Coast Radio and Ukhozi Radio, and
e) To send a copy of the said notice to the Provincial Minister of Local Government.
ADOPTED, by majority vote.
1.1.4 Motivation to Attend the International Conference on Disaster Management & Human Health (14/1 & 29/2/4):
(Page 167 : Security and Emergency Services Committee - Agenda 2017-02-02)
The Committee noted that the 5th International Conference on Disaster Management and Human Health will take place in Seville, Spain from 2017-06-07 to 2017-06-09.
In considering the original recommendation contained in report regarding nomination of 1 Councillor to attend the conference, it was decided that the recommendation be amended to nominate 3 (three) Councillors instead.
The Democratic Alliance registered its support for the original recommendation that one Councillor should attend and abstained on that basis.
At the Executive Committee meeting it was suggested that a Multi-Party delegation of Councillors be nominated to attend.
COMMITTEE RECOMMENDS:
1.1.4.1 That the Disaster Management and Emergency Control Unit be granted authority to approve the following:-
(a) Two officials from Disaster Management & Emergency Control Unit attend the 5thInternational Conference on Disaster Management and Human Health that will take place in Seville, Spain from 2017-06-07 to 2017-06-09.
1.1.4.2 That 3 (three) Councillors from the Security and Emergency Services Committee be nominated to attend the 5th International Conference on Disaster Management and Human Health that will take place in Seville, Spain from 2017-06-07 to 2017-06-09, and it be noted that traveling of Councillors would be funded by the Speakers Office, it being recorded that the nomination of the three Councillors will be undertaken on a Multi-Party basis.
Financial Implication:
Details / ACCOUNT NUMBERBU / Item / Funding / Costing / Project / Region / Budget For The Year / Spent To Date / Balance Unspent / Expenditure Proposed
Conference, Seminars, Workshops & Events / 22020 / 19930 / 12120 / 0000 / 35000-4 / 0010 / 72000.04 / 0 / 72000.04 / 18000.00
Accommodation / 222020 / 21920 / 12120 / 0000 / MRC01 / 0010 / 80000.00 / 22.269.27 / 57730.73 / 10000.00
Air Transport / 22020 / 22005 / 12120 / 0000 / MRC01 / 0010 / 80000.00 / 4389.66 / 75610.34 / 35000.00
Daily Allowance / 22020 / 21930 / 12120 / 0000 / MRC01 / 0010 / 50500.04 / 0 / 50500.04 / 10000.00
Recommendation 1.1.4.2 above AMENDED in the first line thereof by the deletion of the figure and word in brackets “3 (three)” and by the substitution therefor of the figure and word in brackets “2 (two)” to read as follows:
“1.1.4.2 That 2 (two) Councillors from the Security and Emergency Services Committee be nominated to attend the 5th International Conference on Disaster Management and Human Health that will take place in Seville, Spain from 2017-06-07 to 2017-06-09, and it be noted that traveling of Councillors would be funded by the Speakers Office, it being recorded that the nomination of the three Councillors will be undertaken on a Multi-Party basis.”
and thereafter ADOPTED.
1.1.5 Service Delivery and Budget Implementation Plan (SDBIP) & Organisational Scorecard– Mid Year Reporting : July to December 2016 (2/10/1/1/9):
(Page 169 : Security and Emergency Services Committee - Agenda 2017-02-02)
COMMITTEE RECOMMENDS:
That the Organisational Scorecard and the Service Delivery and Budget Implementation Plan for the six months ended December 2016, be noted.
NOTED.
1.1.6 Major Hazard Installation: Sasol, 465 Tara Road, Gate No. 6, Engen Refinery, Wentworth, KwaZulu-Natal (29/1/2/5):
(Page 205 : Security and Emergency Services Committee - Supplementary Agenda 2017-02-02)
The Committee noted a 5 year review of the Major Hazard Installation Risk Assessment report submitted to the Municipality on behalf of Sasol Gas in accordance with the provisions of the Major Hazard Installation regulations framed under the Occupational Health and Safety Act 85 of 1993.
It was thereafter advised that the report thereon had been considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance and continuous operation of the company in accordance with the provisions of the assessment.
As the Committee was in concurrence with the recommendations contained therein,
COMMITTEE RECOMMENDS:
That the conclusion of the Major Hazard Installation (MHI) Technical Task Team, that there is no valid reason to advise against the continuous operation of an existing Major Hazard Installation : Sasol Gas, 465 Tara Road, Gate No. 6, Engen Refinery, Wentworth, Kwazulu-Natal, be approved as the operation of the Company will not exceed acceptable levels of risk in accordance with the provisions of the Major Hazard Installation regulations framed under the Occupational Health and Safety Act 85 of 1993.
ADOPTED.
1.1.7 Major Hazard Installation : SHU Powders (Pty) Ltd, Logra Industrial Park, No 40 Track94040, Harrison Flat, Old Main Road, Cato Ridge, KwaZulu-Natal (29/1/2/5):
(Page 212 : Security and Emergency Services Committee - Supplementary Agenda 2017-02-02)
The Committee noted the Major Hazard Installation Risk Assessment Report submitted to the Municipality on behalf of Shu Powders (Pty) Ltd in accordance with the provisions of the Major Hazard Installation regulations framed under the Occupational Health and Safety Act 85 of 1993.
It was thereafter advised that the report thereon had been considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against acceptance of the continuous operation of the company in accordance with the provisions of the assessment.
As the Committee was in concurrence with the recommendations contained therein,
COMMITTEE RECOMMENDS:
That the conclusion of the Major Hazard Installation (MHI) Technical Task Team, that there is no valid reason to advise against the continuous operation of ShuPowders (Pty) Ltd, Logra Industrial Park, no. 40 Track 94040, Harrison Flat, Old Main Road, Cato Ridge, KwaZuluNatal, be approved as the operation of the Company will not exceed acceptable levels of risk in accordance with the provisions of the Major Hazard Installation regulations framed under the Occupational Health and Safety Act 85of1993.
ADOPTED.
1.1.8 Adjustments Budget – 2016/2017:
(Page 214 : Security and Emergency Services Committee - Agenda 2017-02-02)
At the Executive Committee meeting the Democratic Alliance expressed concern in respect of the unstructured overtime payments in respect of Metro Police and requested a breakdown on all overtime payments. In response it was noted that the full Adjustments Budget would be submitted to the Executive Committee shortly where a full breakdown would be presented.
Thereafter,
COMMITTEE RECOMMENDS:
That, in accordance with the provisions of Section 28 of the Municipal Finance Management Act, the adjustments to the 2016/17 Budget be approved as detailed in Annexure A – Operating adjustment and Annexure A – Capital adjustment as contained in the report by the Head : Fire & Emergency Services dated 2017-01-20, and the approval of the Capital Adjustments constitute project approval of the specificprojects.
ADOPTED, by majority vote.
1.1.9 Major Hazard Installation : Dow Advanced Materials, 8 Schafer Road, New Germany, Pinetown, eThekwini Municipality, KwaZulu-Natal (29/1/2/5):
(Page 268 : Security and Emergency Services Committee – Second Supplementary Agenda 201702-02)
The Committee noted the Major Hazard Installations Risk Assessment Report submitted on behalf of Dow Advanced Materials in accordance with the provisions of the Major Hazard Installation regulations framed under the Occupational Health and Safety Act 85 of 1993.
It was thereafter advised that the report thereon had been considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance of the proposed storage of 300 000 cubic metres of Poly and Methyl Diphenyl Diisocyanate and continued operation of the company in accordance with the provisions of the assessment.
As the Committee was in concurrence with the recommendations contained therein,
COMMITTEE RECOMMENDS:
That the conclusion of the Major Hazard Installation (MHI) Technical Task Team, that there is no valid reason to advise against the continuous operation of Dow Advanced Materials, 8 Schafer Road, New Germany, Pinetown, eThekwini Municipality, KwaZulu-Natal, beapproved as the operation of the Company will not exceed acceptable levels of risk in terms of the proposed storage of 300 000 cubic metres of Poly and Methyl Diphenyl Diisocyanate and continuous operation of the company.
ADOPTED.
1.1.10 Major Hazard Installation : Veolia Water Solutions & Technologies SA (Pty) Ltd, 2Bayfield Road, Merebank, Durban, KwaZulu-Natal (29/1/2/5):
(Page 275 : Security and Emergency Services Committee – Second Supplementary Agenda 201702-02)
The Committee noted the Major Hazard Installations Risk Assessment Report submitted on behalf of Veolia Water Solutions & Technologies SA (Pty) Ltd in accordance with the provisions of the Major Hazard Installation Regulations framed under the Occupational Health and Safety Act 85 of 1993.
It was thereafter advised that the report thereon had been considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance and the continued operation of the company in accordance with the provisions of the assessment.
As the Committee was in concurrence with the recommendations contained therein,